El Kholy v Rentokil
After Mr El Kholy had been dismissed from work on 4 October 2011, he instructed a solicitor to help him appeal the decision. He was told on 6 January 2012 that his appeal had been rejected. On 23 January 2012 a second solicitor lodged his tribunal claim. This was too late, because the normal time limit for unfair dismissal claims is three months from dismissal. The tribunal refused to extend time because Mr El Kholy had not established that it wasn't 'reasonably practicable' to have presented his claim in time.
The Employment Appeal Tribunal rejected Mr El Khloy's appeal. Even where a solicitor's mistake leads to a claim being presented out of time, that doesn't mean that it was not reasonably practicable to have presented it in time. He was free to sue his solicitor for negligence, but he had lost the right to sue his employer.
After Mr El Kholy had been dismissed from work on 4 October 2011, he instructed a solicitor to help him appeal the decision. He was told on 6 January 2012 that his appeal had been rejected. On 23 January 2012 a second solicitor lodged his tribunal claim. This was too late, because the normal time limit for unfair dismissal claims is three months from dismissal. The tribunal refused to extend time because Mr El Kholy had not established that it wasn't 'reasonably practicable' to have presented his claim in time.
The Employment Appeal Tribunal rejected Mr El Khloy's appeal. Even where a solicitor's mistake leads to a claim being presented out of time, that doesn't mean that it was not reasonably practicable to have presented it in time. He was free to sue his solicitor for negligence, but he had lost the right to sue his employer.
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